How can you stop one party from selling all of the marital assets so the other party gets nothing in a divorce?

You should consult a local attorney ASAP to discuss your options.

When one files and serves the Petition and Summons for Dissolution of Marriage (or Legal Separation), automatic, standard restraining orders are enforced at that time. Among other restrictions, this restrains the parties from disposing of assets, except in the ordinary course of business.

I agree with Attorney Harrington. In such situation, you yourself would have to file for divorce first. Once you file and serve your Summons and Petition for Martial Dissolution, there are automatic orders which prevent your husband from disposing of assets except in the ordinary course of business.

I agree with the other two answers. You need to file a Petition for Marital Dissolution. Once the petition is filed a stay is created. Both parties can't sell any assets or drain bank accounts. Your husband may be breaching his fiduciary duty he owes to you as you are married. This is something you can argue in court when the time comes. James V. Sansone, Esq. Attorney & Counselor at Law Law Offices of James V. Sansone 1400 N Dutton Ave, Ste. 21 Santa Rosa, CA 95401 t: (707) 542-5611 f: (707) 545-1522 [email protected] www.jamessansonelaw.com http://blog.jamessansonelaw.com DISCLAIMER / REPRESENTATION NOTICE: Unless you have previously retained the services of The Law Offices of James V Sansone, no Attorney-Client relationship exists between you and The Law Offices of James V Sansone or Attorney James Sansone by the mere receipt of this transmission, including any attachments. The information you obtain in this response to your question is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

It is not unusual for a spouse to sell assets when divorce is anticipated, so that spouse can to try to gain a greater share of the value of community property. Unfortunately, before you file the divorce petition (called Petition for Dissolution of Marriage) and open a case with your local county court, it is more difficult to stop a spouse from taking such actions. However, that does not mean you can't seek recourse after the fact to make sure you get your fair share of the value of the community property that was sold without your consent. As said by some of the other attorneys on here, there are Standard Family Law Restraining Orders that prevent a spouse from unilaterally selling community property. More specifically, per Family Code Section 233(a) and 2040(a), these automatic restraining orders take effect on the Petitioner upon the filing of the Petition and Summons with the court. They also take effect on the Respondent when he/she is served with the Petition/Summons. These orders stay in effect until entry of the final judgment in the case. You can read the four standard restraining orders on page 2 of the Summons, which is form FL-110. You can find that form here: http://www.courtinfo.ca.gov/forms/fillable/fl110.pdf As you'll see when you look at form FL-110 (the Summons), the automatic restraining order that applies in your case (based on your brief description of facts in your question) is item #3: restraint from transferring, encumbering, hypothecating, concealing, or in any way disposing of any property, real or personal, whether community, quasi-community, or separate without the other party’s written consent or court order. This same restraint is also set forth in California Family Code Section 2040(a)(2). I would strongly recommend that you review the entire Family Code Section 2040. Just look it up on Google. Upon review, you will see there are exceptions to the above restriction. One exception is for property transfers in the usual course of business or for the necessities of life. Examples would be to pay for usual household living expenses. Another exception is payment of reasonable attorney’s fees, which again, is stated in Family Code Section 2040(a)(2). A violation of this property related automatic restraining order (i.e., selling property without your consent) is remedied by asking the court to award you (the aggrieved spouse) your 50% interest in the community property that you would have received had the property not been transferred/sold without your consent. Additionally, in certain circumstances, you may be awarded the entire value of the asset that was sold without your consent. See Family Code Section 1101(g) and (h). A violation of the automatic restraining orders may also be punishable by contempt and fine. I would strongly suggest that you sit down and discuss your case with a local (and experienced) family law lawyer who can map out a plan to resolve not only this issue, but all other issues in your case. If you cannot afford a lawyer, I would suggest that you go to the court's self-help center and get their help with filling out and filing a Dissolution Petition. In the meantime, you can also write a very civil and polite, as well as short letter to your spouse stating only that you do not consent to the sale of any community property. Also, if there has been any unauthorized sale, that can ask that your spouse pay you half the value of such sold asset, as well as ask for an accounting of what was sold, how much, when, and to whom. If you are not paid your fair share as requested in your letter, you can then use your letter in court when it comes time to seek recourse for the unauthorized sale. If you have any further questions, feel free to contact my office. Good luck!